header-logo header-logo

09 July 2015
Issue: 7660 / Categories: Legal News , Damages , Fees , Personal injury
printer mail-detail

Negligence fee victory for Mesothelioma sufferers

Welcome court fee U-turn for mesothelioma cases

Mesothelioma sufferers will not be asked to spend their government pay-out on court fees if they bring a negligence claim, after Justice Secretary Michael Gove conceded defeat ahead of a judicial review.

Mesothelioma sufferers faced the prospect of paying up to £10,000 in court fees to bring a claim, after the government controversially hiked court fees for civil proceedings in March 2015. However, they can now apply for a fee remission without a statutory pay-out counting towards the “disposable capital” threshold.

Lawyers for the Asbestos Victims Support Groups Forum UK and mesothelioma sufferers Ian Doughty and Carole Sloper brought a legal challenge, arguing that mesothelioma sufferers, whose terminal lung condition is caused by exposure to asbestos, are typically of modest means—their illness makes them disabled within the terms of the Equality Act 2010.

As they will have received a lump sum award of about £15,000 under the Pneumoconiosis Etc Workers’ Compensation) Act, they will usually not qualify for the fee remissions scheme, which has a threshold of £16,000 in “disposable capital”. Their claim will be worth £150,000 to £300,000 so they would therefore need to pay up to £10,000 up front in order to bring a negligence claim.

Their lawyers argued that mesothelioma sufferers would be prevented from bringing a claim because they could not be expected to give up a large part of their disposable capital in the last months of their lives.

A judicial review hearing was scheduled for later this month. However, Gove agreed last week to exclude mesothelioma compensation awards from the definition of “disposable capital” and will now place an amending statutory instrument to that effect before Parliament.

Issue: 7660 / Categories: Legal News , Damages , Fees , Personal injury
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Prosecutors will speed up preparations for charging hate crimes, under Crown Prosecution Service (CPS) guidance issued in response to the surge in antisemitic incidents
Improvements to courts, tribunals and the wider justice system in the north are being held back by a lack of national and local collaboration, according to thinktank JUSTICE North
A family judge has criticised the prison authorities for mistakenly freeing a father who abducted his own son
The Law Society has renewed its calls for compensation for legal aid firms affected by the cyber-attack on the Legal Aid Agency (LAA)
The Serious Fraud Office (SFO) has secured a £10m penalty plus £4.8m in costs from manufacturer Ultra Electronics Holdings, under the terms of a deferred prosecution agreement (DPA) for failure to prevent bribery
back-to-top-scroll